Repeat As Necessary for Additional Parties

FEDERAL CIRCUIT COURT OF AUSTRALIA File number: ...... COURT USE ONLY REGISTRY: ......

Court Location

Court date

Court time

...... Applicant

...... Respondent

...... Other party (if applicable) Repeat as necessary for additional parties

AFFIDAVIT

Name of deponent: ......

Date sworn / affirmed: ...... /...... /......

I, (full name) ...... of (address, including State or Territory) ...... and

Filed on behalf of Prepared by Lawyer’s code Name of law firm Address for service in Australia State Postcode Email DX Tel Fax Attention

Signature of person making this affidavit Signature of witness (deponent)

1 (occupation) ...... make oath and say / affirm: 1. I am the Applicant [mother/father] in this matter and I make this Affidavit in support of my Urgent Initiating Application contained herein for Recovery Orders for my [son/daughter/children] [name/s] born [DOB: ___/___/___].

REASONS FOR URGENT ABRIDGEMENT AND RECOVERY ORDERS

2. ………………………………………………….

3. ………………………………………………….

4. ………………………………………………….

HANDY HINTS

Is client the full time carer of the child?

How long has it been since client saw the child?

Describe the circumstances leading up to the child’s removal from client’s care/or of the over holding/failure to return

Are there any current Court Orders? If so what orders is the OP in breach of?

If there are no court orders, did client have any informal agreement with the OP?

5. At no time did I consent to the [child/ren] remaining in the Respondent’s care up to this point in time.

6. It is in the [child/ren]’s best interest to be returned to my care for the following reasons:

a. …………………………………………………….

b. …………………………………………………….

c. …………………………………………………….

HANDY HINTS

Address such topics as:

 Has client been the primary caregiver since child was born? If so what is the longest period of time that the child has spent away from client? This significant change to their routine will no doubt effect him/her greatly.

Signature of person making this affidavit Signature of witness (deponent) 2  Detail what client’s concerns are for the child while s/he remain in the Respondent’s care eg; Is the child still being breastfed? Will the Respondent be working full time? If so, who will be looking after the child?

 Anger management issues for the Respondent?

 History of family violence – NB: detail all allegations in chronological order with dates. Are there any current or expired Intervention Orders? If so who is named as Applicant, Affected Family Member and Respondent.

 Any drug and substance abuse issues for the Respondent?

 Any mental health issues?

 Have DHS been involved before?

 Has the Respondent cared for the child before? Does s/he have capacity to care for the child?

 Does the child have any medical needs?

7. The Respondent does not have any reasonable excuse to withhold our [child/ren] from me.

Address any concerns that the Respondent may raise about client eg: Drug and alcohol abuse allegations? Mental health issues? Distrust of a new partner? Allegations of family violence?

If necessary:

 Annexe a clean drug screen to combat allegations of substance abuse

 Annexe a letter from client’s treating doctor to demonstrate that they are following their doctor’s directions/treatment or do not have any diagnosable mental health issues

8. I love my [child/ren] dearly and would not put [him/her/them] in a situation of risk. If I ever need assistance with parenting, I ask [name of person].

BACKGROUND OF PARTIES

9. I was born [location and date]. I am [age].

10. I am [occupation]. If client is not working, how do they support themselves?

11. My health is ………………….. Is client in good health? Does client regularly see a doctor for anything?

12. ……………………….. Has client repartnered? If so, who are they living with?

Signature of person making this affidavit Signature of witness (deponent) 3 13. The Respondent was born [location and date] and is [age].

14. The Respondent is [occupation]. If not working, how do they support themselves?

15. ……………………….. Has the respondent repartnered? If so then who are they living with?

16. ……………………….. Details of when client and respondent met, commenced living together, married and separated.

INSERT THE CHILD's FULL NAME

17. [Name of child] is [age]. What sort of child is s/he? Energetic? Shy? Playful? Social? etc

18. ……………………….. What does s/he like doing? What do you like doing together? Going to the footy, going to the play ground etc?

19. ……………………….. Where does s/he go to kindergarten/school? How is s/he progressing? Well?

20. Are there any medical issues? Or is the child reaching all of the appropriate milestones for his/her age?

HISTORY OF PARENTING ARRANGEMENTS

Parenting arrangements during the relationship

21. ……………………….. Go into detail about the parenting arrangements during the relationship. Who was responsible for what? Were you the primary caregiver? Did the Respondent work full time? If so were they too tired to care for the child/ren? Or did they assist where they could? Did you look after majority of the responsibilities of running the household?

22. ……………………….. Was the Respondent familiar with the child/ren’s needs?

23. ……………………….. Did you make decisions about the child/ren’s long term welfare and development together (ie schooling/immunisations)

24. ………………………..

Parenting arrangements during the separation

25. After separation what were the parenting arrangements? How often did the child/ren spend time with the Respondent? How did you reach this agreement? Do you think that the child/ren were coping with this agreement?

MY PARENTING PROPOSALS

Signature of person making this affidavit Signature of witness (deponent) 4 26. I am able to provide a stable, loving and protective environment for my [child/ren]. It is in the [child/ren]’s best interest to live: with the Respondent and I/with me and spend substantial and significant time/with me and spend supervised time with the Respondent.

Housing

27. I live [where]. Describe your living arrangements. Who are you living with? Is it comfortable? How many bedrooms? Will the child/ren have their own bedroom? Will it be fully furnished with suitable bedding? Is it safely fenced and suitable for child/ren to play in?

28. ……………………….. Is this where the child/ren have always lived?

29. ……………………….. Is it close to shopping centres, local parks, doctor’s etc?

Supervision

30. ……………………….. Describe supervision arrangements outside of school hours. Who looks after the child if applicant is working?

Schooling

31. ……………………….. How far away do you live from child/ren school?

Contact with the Respondent

32. ……………………….. Are your proposals reasonably practicable? Ie

(a) do you live far away from the Respondent?

(b) What would the time and expense be like delivering and collecting the child/ren from the Respondent?

(c) Do both of you have capacity to implement your proposed orders? Are you able to financially support the child/ren while he/she/they are living with you?

(d) What impacts will your proposed orders have on the child? Will they be able to adapt? Is it in the Child/ren’s Best Interests

……………………….. Have the children expressed any wishes about future parenting proposals?

33. ……………………….. Do you have family/friends who are able to assist you? Do they enjoy a strong and loving relationship with the child/ren?

Supervised time

Signature of person making this affidavit Signature of witness (deponent) 5 34. I do not wish to prevent the Applicant from having a meaningful relationship with [child/ren]. However, I continue to hold concerns about the Respondent’s ability to care for [child/ren] and to attend to his/her/their needs.

35. I am also concerned about the risk to the [child/ren]’s safety for reasons above. Therefore until such time as I am fully assured that he/she is capable of looking after him/her/them and will place him/her/them in a safe environment, I propose that the [child/ren] live with me and that the Respondent spend time with and communicate with the him/her/them supervised by a member of staff at a Supervised Contact centre on days and times as recommended by that Contact Centre.

Independent Children’s Lawyer

36. I request that there be an Independent Children's Lawyer appointed to represent the [child/ren] in these proceedings due to [summarise relevant factors] that have arisen to assist the Court in the making of final Parenting Orders in the best interests of the [child/ren].

NON FILING OF SECTION 60I CERTIFICATE

37. Due to the urgent nature of this application, I have not filed a section 60I certificate with the court to demonstrate that I have attempted mediation with the Respondent. I request that I be permitted to file this application before attending family dispute resolution on the grounds that this matter [is urgent/risk of violence/risk to the child] for reasons already referred to in this affidavit.

APPLICATION FOR ABRIDGEMENT

38. For the reasons outlined above I ask that the Court abridge this matter. I am concerned about [child/ren]’s welfare while [he/she/they] remain/s in the Respondent’s care without my consent.

39. I ask that this Honourable Court makes the Orders that I seek in my Initiating Application.

Signature of person making this affidavit Signature of witness (deponent) 6 Sworn / Affirmed by the deponent at (place) ...... on (date) ...... /...... /...... Signature of deponent

Before me:

Signature of witness

Full name of witness: ......

Qualification of witness: ......

(Alternative jurat for non-English speaking affidavit) Sworn / Affirmed by the deponent through the interpretation of (name of interpreter) ...... of (address of interpreter) ...... , (description of interpreter) ...... , the interpreter having first sworn that he / she had truly interpreted the contents of this affidavit to the deponent and that he or she would truly interpret to (name of deponent) ...... the oath about to be administered to him / her. at (place) ...... on (date) ...... /...... /...... Signature of deponent

Before me:

Signature of witness

Full name of witness: ......

Qualification of witness: ......

I (name of interpreter) ...... certify that I understand the English language and the (name of language used) ...... language, and that I have truly interpreted to the deponent the contents of this affidavit and the oath or affirmation which was administered.

Signature of the interpreter (print name) ...... Date: ...... /...... /......

Affidavit_FCC_0313.V1